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A20476 The explanation. of the true and lavvful right and tytle, of the most excellent prince, Anthonie the first of that name King of Portugall, concering his warres, againste Phillip King of Castile, and against his subiectes and adherentes, for the recouerie of his kingdome. Together vvith a briefe historye of all that hath passed aboute that matter, vntill the yeare of our Lord. 1583. Translated into English and conferred with the French and Latine copies. By the commanundement and order of the superiors.; Explanatio veri ac legitimi juris, quo serenissimus Lusitaniae Rex Antonius eius nominis primis nititur. English António, Prior of Crato, 1531-1595.; Hollyband, Claudius, 16th cent. 1585 (1585) STC 689; ESTC S100205 44,552 60

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the same King Emanuell Also Katherine Duches of Bergantia daughter to the saide Edward sixt sonne of the saide King Emanuell and lastlye the prince of Parma as father and tutor to his eldest sonne which he had by Mary daughter also to the sayde Edward All the which princes and potentates were cyted by the sayde King Henry to appeare at a certain day to thintent euery of them by his Ambassador or Agent might propound and set downe in the sayd assembly of thestates all such right and tytle as euery of them after his death could pretend to the sayd kingdome Saying hee was minded to determine the same cause in his lyfe time if possibly he could bring it to passe But if death shoulde preuent his purpose therein his meaning was to commit and appoint not onelye certaine persons to gouerne the kingdome but also certaine Iudges to determine who had best right and title to succeede enioy the crowne alleaging he tooke that course to auoide all controuersies inconueniencies warres which otherwise were like to happen Whereuppon all the sayde princes and potentates thus lawfully cyted sent their Ambassadors or deputies with sufficient instructions on their behalfe to propoūd in the said assembly of thestates their seuerall rightes and tytles which they pretended to the said kingdome Except onely Phillip King of Castile who answered he neyther had nor acknoledged and Iudge in earth but onelye in heauen And therfore woulde not commit his righte and tytle to the determination of any Iudges that shoulde bee appointed concerning that matter adding withall howe hee was sufficiently informed by his best learned lawyers in his owne kingdome that there was no other personage in the world sauing onely himselfe that had lawfull right to succeede in the sayde kingdome of Portugall after the death of the sayde King Henry which right in case it shoulde be denyed vnto him that then hee woulde obtaine the kingdome by force of armes When the most excellent pryncesse Katherine de Medicis the french Kings Mother was aduertised of these matters namely that King Henry had commaunded all them to be cyted whiche pretended auy tytle to the kingdome she sent into Portugall for her Ambassador the Byshop of Comminges to propound in lyke manner on her behalfe in the sayde assemblye of thestates the righte which she pretended to the sayde kingdome grounding her tytle vpon her descent from King Alfonsus brother to King Sancho the seconde of that name who before he was King had marryed in Fraunce Mawde Countesse of Bulloyne by whome he had two sonnes one of the whiche was marryed in Fraunce of whome the sayde Katheren de Madicis descended the other of the same sonnes deceasing in Portugall without issue and the plea exhibited on the behalfe of the sayde Kathereine de Medicis was receaued by the saide Kinge Henry in the saide assembly of the-states Also when the people of Portugal vnderstoode the right of succession of the kingdom was committed to examination and considering themselues had lawfull power right to elect choose a Kynge for and in default of a lawfull heire Masle descending directly of the Masculine line therefore they exhibited a supplycation to king Henry that his maiesty would voutchsafe to graunt them lycence to propounde and alleage thier right in that behalfe and to exhibite a plea whiche they had made thereof conteyning in substaunce and effecte as followeth To wit That the people of Portugall had made and chosen for their Kinge Alfonsus the first Kinge of Portugall sonne of Earle Henry Also that the same people had deposed from the administration and gouernement of the kingdome Kinge Sancho the seconde of that name after hee had Reigned by the space of fiue and twentye yeares and that thereupon the same people committed the administration and gouernement of the kingdome to his brother Alfonsus Earle of Bulloyne who had marryed Mawde the Countesse and after the death of Sancho they elected the same Alfonsus to be their King Further that the same people had elected made their king Iohn the first of that name the base son of King Alfonsus the fourth notwithstanding there remayned liuing two legittimate daughters of the same king Alfonsus Which King John the same people of Portugall did confirme in the royall seate mainteyned and defended him againste John Kinge of Castile also the first of that name who pretended title to the succession of the said kingdome of Portugall for and in the name of his wife eldest and legittimate daughter of the saide King Alfonsus Whereuppon there grew sharpe warre betweene the same two Kinges concerning that matter wherein the Kinge of Castile in thende was ouerthrowne in battayle aboute a certaine towne of Portugall called Algibarotta Moreouer that the same people had created their King Emanuell the first for that King Iohn the second had lefte no issue male descending of the righte Masculyne lyne Lastlye that they had made the sayde Cardinall Henry their King after the decease of Kinge Sebastian who was slayne in the battayle of Affrica leauing no lawfull issue of his body to enioy the Crowne By all these reasons the sayde people concluded that their power and righte to make the sayde election was offarre greater force and effecte then the righte and tytle of succession whereuppon the other pretenders grounded them selues and the same people added withall that by the Lawe called the mentall Lawe made by the sayde Kinge Iohn the firste of that name no woman can nor oughte to inherite anye goodes or possessions depending of the Crowne and therefore neyther myghte they who descended of the issues female as all the sayde pretenders did sauing onely the sayd Don Anthonio Vpon thunderstanding of all these matters so propounded and set down on the beehalfe of the people Kinge Henrye lykewise admitted their plea. Hereuppon whyle the states of the Kingdome of Portugall were assembled treating vppon the nomination and election aswell of those persons whiche after the death of the sayde Kinge Henrye should haue the administration and gouernement of the kingdome as also of suche as shoulde decyde and iudge the question and controuersie touchyng the succession of the crowne Thagent of Don Anthonio was informed that one Alphonsus of Alburquerque an aduocate of the Cytye of Lysbone was subcrned and wonne by some of the King of Castiles fautors and that hee had manifestlye declared his aduise and opinion to certayne greate menne of the kingdome whereby it euidentlye appeared that hee was altogether bent and enclyned to the King of Castiles parte Wherefore the same Agent propounded and put in againste the same Alfonsus a plea or byll of recusation to thintent hee shoulde haue no voyce in thelection neyther of the sayde administrators or gouernours of the kingdom nor of the Iudges that should haue the hearing and determination of the cause touching the succession of the crowne also the same Agente auoutched how hee woulde declare sufficiente causes that mooued him to
the same by their last willes and testamentes for the discharge of their consciences notwithstanding that it was alwaies kept verye secret through the endeuour of the said Lodowike aswel in respect of thine quallitye of the persons as also for that the publishinge thereof was not materiall at that time for that Don Anthonio was brought vp to be a Priest and Churchman and for that also there were then many other heyres of the kingdom that were nearer to the Crowne then he When Don Anthonio had receaued the same aduertisement he opened the matter to King Henry his vncle and besought him to voutchsafe the examitation thereof and to graunte that hee might produce certaine witnesses and poofes whereby the truth of the matter myght bee founde oute and manifestlye knowne for the auoydinge of all controuersies and warres which otherwise were lyke to arise betweene them who after the death of the sayde Kinge Henry myghte pretende Tytle to the kingdome For sithe hee was the onelye sonne of the sayde Lodowike seconde sonne of the sayde Kinge Emanuell if his byrth bee prooued to bee legittimate hee necessarilye excluded and barred all others that by tytle of consanguinitye myghte aspyre or pretende tytle to the succession of the kingdome notwithstanding there were anye of the children liuing who were beegotten of the daughter of the sayde Kynge Emanuell which was elder then the sayde Lodowike her brother forasmuche as the kingdome of Portugall falleth not by succession to the woman nor anye other descending of her When Kynge Henrye had vnderstandinge thereof beeing a verye olde manne as afore is aleaged and fearing least himselfe shoulde in case Don Anthonio were proued to bee borne in lawfull marriage bee depriued of his kingdome he conceaued so greate indignation thereat that immediatlye hee bannished Don Anthonio Thirtye myles from his courte with expresse commaundemente that hee shoulde not presume to retourne thither vntill his Maiestye shoulde take further order in that behalfe Thereuppon Don Anthonio yeilding his obedience to the same commaundemente made his repayre to the Cytie of Columbria being foure and thyrtie myles from Lysbone where at that tyme Kinge Henry kepte his Courte But yet neuerthelesse the sayd Don Anthonio lefte at Lisbone the sayde auntient seruaunte of his fathers from whome hee had receaued the sayde aduertisemente who at the same tyme was in the seruice of the sayde Kinge Henry and verye farre in his fauoure To this man the sayd Don Anthonio at his departing from Lisbone gaue a speciall charge to sollycite his cause to the Kinge in his absence with all endeuoure and diligence The which the same Minister promised with all fidelitye to accomplishe and made humble petition to Kinge Henry that with his good fauour and lycence hee might prosecute the affayres of the sayde Don Anthonio Whiche the Kinge not onelye graunted but also expressely commaunded him so to doe When the said Agent had receaued this aunswere of the King he required Emanuell Bishop of Almada then conseruator of the priuileges of the order of the Knights of saint Iohn at Thisle of Malta competent Iudge of the sayde Don Anthonio as prior of Crato of the same order To receaue and heare the depositions of witnesses and certain documents and instruments wherby the said Don Anthonio intended to verifie and proue himself to be issued of a lawfull marriage praying the sayd Bishop neuerthelesse to keepe the matter very secrete least the King by vnderstanding the same shoulde conceaue some newe displeasure Whereuppon the sayde Byshoppe proceeded in the examination of the cause Before whome were produced three witnesses who perfectlye with lawfull circumstaunces deposed that they were present at the celebration of Marriage betweene the sayde Lodowike and Iolenta parentes of the sayd Don Anthonio Also there was broughte and produced beefore the sayde conseruatour the Testament of one Rui Celema who while hee liued was knowne to bee a verye honest credible man of approued integritie and was seruaunte to Don Anthonios Father and in good estimation not only with him but also with King Henry This Rui Celema by his testament had declared that he alwaies vnderstood certaynelye knewe that the sayde Lodowike Father of Don Anthonio was secretlye marryed to Jolenta setting downe therewithall diuerse reasons whiche sufficyentlye prooue the same and bycause hee was at poynte of death and for that in tyme to comeit myghte bee expediente and beehouefull to the common wealth of the kingdome of Portugall to knowe that Don Anthonio was issued of a lawfull marryage therefore and for the discharge of his conscience hee had made true declaration thereof in his sayde Testamente There was also exhibited before the sayde Byshop the Testament of the sayd Lodowike wherby he ordeined and appointed the said Don Anthonio his son his only heire not only in al his goods Patrimoniall but also in certaine patronall rightes of greate im-Portance which were lefte vnto the saide Lodowike by the testament of his brother Ferdinando and his wife who as is aforesaide dyed without children Further there were produced before the sayde Bishop other witnesses of good calling and credite who deposed that King John the third of that name immediatlye after the death of the sayd Lodowike his brother gaue vnto Don Anthonio the signet and Armes of his father commaunding him to vse the same frankly and freely without barre or breach in as ample manner as his sayd father had the vse thereof as the sayd Don Anthonio hath alwayes since accordingly done Vppon the proofe of all these thinges the sayd Bishop taking vnto himselfe certaine other Iudges of the same order gaue sentence touching the same matter whereby it was pronounced and declared that the sayde Don Anthonio was the lawfull sonne of the said Lodowike and Iolenta the which sentence was also pronounced and confirmed in the Chauncerie of the saide order howbeit secretly for the cause afore aleaged In the meane tyme King Henry assembleth the estates of his kingdome to treate of diuers matters concerning the common-wealth and tranquillitie of the same and speciallye to deliberate who should be the next and meetest Heire to the crowne after his decease and yet neuerthelesse gaue expresse commaundement to Don Anthonio not to come to the said assembly but to send some deputie or agent that might represent his person there Also the same king Henry being very fearefull least Don Anthonio should proue himselfe to be legittimate required the Pope of Roome to voutchsafe to commit vnto him the hearing and examination of the cause touching the legittimation of the said Don Anthonio In the meane time the same king Henry proceedeth with the conuocation of the saide estates and commaundethe that these personages should be cited thither to wit Philip King of Castile as sonne of Isabell eldest daughter of the said King Emanuell which Isabell as is afore alleaged was married to the Emperor Charles the fift Also the Duke of Sauoy as nephew of Beatrice daughter of
therewith commanded the kings last will and testament to be opened in the presence of thambassadors of the king of Castile the dukes of Sauoy and Bargantia and of the Prince of Parma whereby it was found how King Henry had ordeined that the Iudges appointed to determine the matter touching the succession of the kingdom should proceede no further nor decree any thing therein vntil the cause concerning Don Anthonyes legittimation were decided by the Iudges therfore authorised by the Bishop of Rome which sufficiently proueth all the rigorous dealing of king Henry against Don Anthonie to haue proceeded rather through diffidence or for feare of the king of Castile then otherwise of any reason grounded vpon right and iustice Vpon the sight of this testament the gouernours declared to thambassadours of thother pretenders howe they could not nowe determine any thing touching the succession of the kingdome except the cause of Don Anthonies legittimation were first decided Wherefore they sent worde to Don Anthonio to prosecute the cause touching his legitimation before the Iudges thereunto authorised namely the Popes nuncye then being in Portugall and tharchbishop of Lisbone In the meane space the king of Castile hauing since the death of king Sebastian by little and litle gathered a mightie armie together vnder pretence of attempting some enterprise against Aphrica not minding to stay for iudgement in the matter of Don Anthonies legitimatiō nor in the cause of the successiō of the crowne commaunded all his men to ioyne together vnder the Duke of Alua captaine generall ouer the same armie about the towne of Badaioz in the kingdome of Castile bordering vpon the limittes of Portugall Vpon notice whereof the gouernours and Iudges authorised to decyde the cause of the succession of the kingdome sent certaine deputyes to the Kinge of Castile praying him to voutchsafe to leaue the waye of armes and take the course of iustice sith there were Iudges ordeyned to heare and examine the cause and to Iudge determine the same according to right and equity To whose Iudgement thother pretenders were readye to stande Informinge hym withall that by proceedinge to obtayne the kingdome by force of Armes hee stoode in daunger to loose all his righte and tytle thereto by meanes of a decree made for that cause by Kinge Henry whereby it was ordeyned and prouided that euerye of the pretenders goeing aboute by force of Armes to gette the kingdome and refusinge to stande to the iudgement of the Iudges aucthorised to decide the cause should thereby lose and forfaite all his righte and tytle which hee had or might pretend to the kingdome Howbeit the King of Castile who as is afore mencioned had long before hand declared how hee woulde not submitte his right to anye mannes iudgement trusting vppon his owne power and thendeuour of the sayde gouernours and other noble men whom hee had wonne to his side by giftes and fayre promises without anye regarde of that information commaunded the Duke of Alua with his army which hee had in a readinesse to proceede and inuade the kingdome of Portugall by force Vppon notice whereof the gouernors foorthwith departed from Almerin to Setuball fifteene myles from Santaren fearinge leaste the people of Portugall vppon knowledge of the Duke of Aluaes comming to inuade the realme woulde first fall vppon them and then proclaime Don Anthonio King Within a short space after the departure of the gouernors from Almerin newes came to Santaren howe the Duke of Alua had taken two townes in Portugall bordering vppon Castile to wit Eluas and campo maior Whereat the Citizens of Santaren being greatly mooued first toke counsell together for the fortifying of their towne against the violence of thennimy and therefore went in all solemnity with the clergy and nobillity to suruey and vewe the walles giue order for the beginning of the worke After that they resorted all together in great multitude to Don Anthonyo then remayning in a monastery not far from thence where ill with one voice salute call him king leading him from thence to the principall church and then to the townhowse instantly rerequiring him to accept the royall name and dignitie and to bind them to him by oath Howbeit Don Anthonio contrariwise aleged vnto them how the cause touching the succession of the Crowne was in controuersie betweene him and other Princes pretending tytle thereto wherefore he would not accept the royall name but rather expect the determination of the Iudges therfore authorised But if they would vse him as their defender he was ready to spend his life and goodes for them and the common liberty of the countrey Whereunto the Citizens of Santaren aunswered againe howe their resolution was to make him King sith the people of Portugall as is before expressed might lawfully doe it for defaulte of heyres masles in the right line Which they were the more desirous to accomplish for that the king of Castile in contempt of all other Iudgmēt would be his own iudge went about to possesse the kingdō by violence force of armes Therupon whē Don Anthonio could no longer resist he was sworne King by the three members of the same place namely the Clergie the nobillitie and the common people with erection of the Kinges standarde and all other solemnities according to the auncient custome of the countrey beinge conducted from thence with the saide standarde to a Chappell of great deuotion called Sancto Milagre and other accustomed places and last of al to the royal Pallace Of all which things publique acts were made subscribed by the said three members and therupon registred in the townhowse of the same city Vpon thaccomplishment wherof Don Anthonio protested openly in the presence of the same three members and many others that he accepted the royal name more by force then of his owne accorde and that therfore he determined to lay downe the same and expect the Iudgement of the Iudges in case the King of Castile would call backe his army which he had alredy sent into Portugal submit his cause to the iudgment of the iudges authorised as aforesaide of which protestation hee caused a publique act to bee made and enrolled the same amongest the recordes of Santaren Within three daies after Don Anthonio went to Lisbone where within a mile from the city he was mette by the ordinary garisons of the realme with their Captaines and many of the cheefe of the nobilitie amongst whom were Peter Dor a French gentleman agent for the most excellent Princesse the french queenemother M. Edward Perin eche of them with a goodly cōpany of strangers When he came to the gate of the citie there stayed for him the religious men of the three orders of the Fryers minors who receiued his maiestie with great deuotion and reuerence and in forme of procession marched before him singing Te Deum laudamus c. In this sort the king was first brought to the Cathedrall Church and in all
he slewe aboute sixe hundred spanyardes therin and had her rendred vnto him howbeit at the very same instant he was so furiously assailed by the marquis of saint Crosse himselfe cōming in a very great strōg ship called the galeon saint Martin that in the end he was vanquished for want of ayde For hee was not ayded by anye other sauing onelye the sayde Erle of Brissack who fighting valiantlye with two shippes greatelye endomaged thennimie but yet at laste seeing himselfe sore wounded and that he laboured in vaine being not seconded by others as was convenient he made his retrait in tyme retourning into Fraunce with the losse of manye of his men and his shippes in euill plight Duringe this greate battaile the Lorde of Sansolenne viceadmyrall to the Lorde Strossi and the lorde of Fumei captaine of fiue shippes for wante of winde as they pretended neuer inuaded thennemies These two lordes when they sawe the lord Strossi ouercome retyred with twentie shippes to king Anthony into thisle of Tercera His Maiestie vppon notice of thill successe of the battayle cōceaued greate sorrowe as he had good cause and that moste specially for the deathes of the lordes Strossi the Constable both lordes of greate valor and tooke it in verye euill parte that Sansolenne and Fumei had so miserablye forsaken them in the battayle These lordes of Sansolenne and Fumei shortly after by his maiesties lycence retyred into Fraunce leauing in thislande about two thousand and fiue hundred frenche souldioures for the defence of the Kings person in case thennemye woulde assalte thisle But the Marquis of sainte Crosse hauing loste in the battayle aboute two thousande of his best soldiours durst attempte no further againste thislande of Tercera but onelye stayed for the fleete whiche came out of the Easte and Weste Indyes and when they were ioyned with him hee tooke them vnder his conduction and so retourned presently towarde Spayne with all his atmye Vppon the aduertisement whereof King Don Anthonio with all expedition gathering together all the shippes aswell frenche as others whiche were at the sayde Islande of Tercera and other places there aboutes to the number of seuen and thurtye shippes embarqued himselfe with two thousande frenche souldioures and as manye Portugalls to thintent to passe therewith to thislande of Madera belonging to the Crowne of Portugall but then holden by the King of Castile But when the monethe of October was come at what tyme the sea beginneth greatelye to swell in those parties there arose so mighty and furious a tempest in the middest of their iourney with a contrary wind that it was vnpossible for thē to passe any further and for their shippes to keepe company together but being dispersed diuerse waies arryued with great trauaile and daunger part in Fraunce and parte with the Kinge in thisle of Tercera After the Kinge had soiourned there aboute twentye dayes and sette suche order in thislande as was conuenyente hee departed from thence with fiue shippes towarde Fraunce and arriued there with the helpe of a fauourable wynde within twelue dayes taking in his companye Ciprian de Figuereds who till then had gouerned the sayde Islandes of Assores and appointing in his place Emanuell de Silua Earle of Torres Vedras of whome more shall be spoken hereafter His maiestie beeing arriued in Fraunce was there agayne verie honorablye receaued aswell by the moste Christian kinge as by the Queene-mother who then offred to giue him any assistance to preuaile against his ennemye and as time and occasion should serue to restore him to his kingdome naminge vnto him shortelye after the Duke of Ioyence for generall of tharmies Whiche for that cause shoulde thereafter be prepared But in the meane tyme the kinge of Castile seeking all possible meanes for the cause afore alleaged to bring the sayde Island of Tercera and the rest of thislandes of Assores vnder his subiection appointed therefore to be prepared for the yere following another myghtie and greate armye of manye gallyons galeies other vessels both greate and small to the number of a hundred and twentye Of whiche nauye the Marques of sainct Crosse was appoynted generall agayne In the meane space King Don Anthony vnderstanding thereof omitted nothing that might tend to the defence and preseruation of thisle For by the fauour assistance of the queenemother hee prepared a Nauye and leuied two thousande frenche soldiours to bee for that cause employed vnder the conduction of Mounsir de Chartres a noble gentleman and of greate valour of whome the queenemother had made speciall choyse amongest manye for that seruice This Mounsyr de Chartres with the sayde nauie and number of soldiours aboute the beginning of spring tyme departed towarde the sayde Isle of Tercera to furnishe it with a stronge garrison and defende it againste thinuasion of the King of Castile arriued there with a fauourable wynde without anye misfortune Nowe when the Kinge of Castiles armie was ready amounting to a hundred and twentie sayles and ten or twelue thousande fighting menne the Marques of sainct Crosse departed with the same from Lisbone about thende of Iune 1583. and arriued before the sayde Isle of Tercera the foure and twenty of Iuly following and hauing spent two or three daies in viewing where to land his men beste vppon the thirde daye after by the●lpe and benefite of his Galleyes which contrary to many mens opinions he brought thither he landed his men of war in a certaine place least suspected by the captaines inhabitants of thisland where remained but a verie small garrsion By reason whereof it came to passe that before the principall body of the garrisō which was two miles of could come thither then'nimy had leasure to land almost tenne thousande fighting men and had halfe intrenched them Firste therefore Mounsyr de Chartres came thyther in all expedition with his regimente of Frenchemen and hotlye skirmished with the enemies wherein manye were slayne on eyther side but specially of the Spanyardes At laste also came therle of Torres Vedras gouernoure of the Isle with a good number of Portugall souldioures and men of the Islande well armed and sufficientlye trayned And perceauing in what case thinges stood treated with Mounsyr de Chartres touching the ioyning of present battayle with the ennemy Herevpon they all prepared themselues to fight the squadrons being set in order are apoynted to march against the ennemy But for that the Marquise had twice as many men in his army as were in King Anthonies and also it seemed very late in the day to gyue this battayle the sayde Erle propounded to Mounsyr de Chartres to differre it tyll the next daye and that in the meane space he would cause victuals gunpouder munition and other necessaries to be brought into a conuenient place amongst the rockes of the Isle to the intent to make their retraite thither to staye for ayde out of Fraunce or the other Islandes if they fortuned to loose the victory